dental assistant looses case for being too sexy

Chica Chaser's Avatar
I've been through 3 layoffs just like this myself over the years.

The rest is pretty much what I was trying to say in my last post Sidewinder.
here's the thing, if this was your local dentist, don't u think it would hurt their business?

I hope he hired an ugly woman to replace her to show he is serious and consistant
wellendowed1911's Avatar
Not really any different at all, whether its one person or 10,000 people.
I don't think there are many companies that wouldn't go through the proper documentation procedures to terminate someone. And I doubt that most companies are specifically looking to shit-can employees arbitrarily, that not good business and not good for the business.

In your pharmacist scenario above, yes the company COULD have walked in and canned the person on the spot. Its likely they didn't do that and waited with all the documentation/warnings, etc because they are wanting to make sure that they have all bases covered in the event the employee decides to bring a wrongful termination suit. Every company I have worked for does exactly what you describe, but thats to cover their own ass rather than the fact that the can't just terminate someone.

Most companies are scared to death of a wrongful termination lawsuit. Its bad publicity if the media gets a hold of it and its also a legal expense for them to fight it, oftentimes a significant expense for attorneys and legal teams. So they will go through the whole documentation process for that reason.

So yes they "could", but typically they "don't"

I'll have to research it, but I pretty sure that the Doc here is even less restricted as I'm sure he employs less than 50 people. Small businesses like that are held to an even lower requirement on the "at-will" standards. Originally Posted by Chica Chaser
Chica thanks for adding insight- but that's my point if it's an "at will" as the definition details what attorney would take a case if a person sues for wrongful termination??? It has to be more than a company can fire anyone anytime because if it weren't companies wouldn't take the measures to make sure they have a paper trail of why they terminated someone.
CuteOldGuy's Avatar
If there is an employee handbook or contract that states the terms for termination, an employer can be sued if they don't follow it. Most larger companies have something like that. However, absent that, or a union contract, an employer can fire you for any reason, except a wrong reason, which is usually race, or another protected class.
TheDaliLama's Avatar
Has anyone one here seen the movie Horrible Bosses?
Chica Chaser's Avatar
Chica thanks for adding insight- but that's my point if it's an "at will" as the definition details what attorney would take a case if a person sues for wrongful termination??? It has to be more than a company can fire anyone anytime because if it weren't companies wouldn't take the measures to make sure they have a paper trail of why they terminated someone. Originally Posted by wellendowed1911
An ambulance chaser type attorney, and/or one that gets paid regardless of the outcome of the case. Or one that's trying to make a name for themselves. Sidewinder covered the rest of it much more eloquently than me.